Binding Contractual Terms
Intellectual Property Rights (or IPR): all intellectual and industrial property rights whether registered or not including rights in confidential information and know-how and any right of equivalent or similar effect anywhere in the world.
Car Huddle Network IP: all IPR subsisting in or relating to the Service including the computer code and other system elements underlying the Car Huddle Network application, software screens, all design elements and artwork, templates, layout designs and design facilities included in the Service, the concepts and ideas underlying the Service, all statistical and analytical data captured by or through the Service and the trade mark CAR Huddle and any other trade marks, trading names or signs adopted and used from time to time by the Car Huddle Network in relation to the Service.
Access To And Use Of The Service
The Service is a Subscriber only facility. Initial access to the Service is allowed to the Subscriber via the Car Huddle Network websites or downloading the application and registering to use the Service. Thereafter, the Service can be used by the Subscriber without restriction, save that certain functionalities may require the use of passcodes, which may be chosen or changed by the Subscriber or issued by the Car Huddle Network.
The Car Huddle Network reserves the right to block a Subscriber’s access to the Service if it has reason to believe that the Service is being misused.
The Car Huddle Network will apply all reasonable measures to protect the security of the information provided or uploaded by the Subscriber when using the Service, to allow such information to be accessible to such other Subscribers with whom the Subscriber has elected to share his/her details and shared only as envisaged by the Service.
It is the Subscriber’s responsibility and obligation to protect the security of his/her log-in details and passwords. The Car Huddle Network strongly recommends that such access details should not be shared with any person.
The Car Huddle Network shall be entitled (but not required) to apply security measures to protect the Service and the Car Huddle Network IP and shall be entitled to block users (or IP addresses) identified or suspected as being used to access the Service without authorisation or for unlawful purposes including for disrupting or damaging the Service.
The Subscriber shall notify the Car Huddle Network of any activity on the Service suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorised access to, or cause any damage to the Service.
Use of Information and Data Protection
Through the Service, Subscribers are required to complete registration details and can create, collect, process, store, communicate and share information relating to cars and themselves. The Car Huddle Network shall make no use of such information in a form that is capable of being linked to any particular Subscriber (“Personal Information”) except as instructed by the Subscriber.
The Car Huddle Network may need, and the Subscriber authorises the Car Huddle Network, to access Personal Information where it is necessary for the Car Huddle Network to do so for the purpose of operating, maintaining, updating, enhancing, monitoring and improving the performance of and functionality of the Service, for investigating any complaints or suspected prohibited use, or any security breach, and insofar as the Car Huddle Network is required to do so to comply with legal requirements, the orders of any court of law or the directions of any statutory or regulatory body.
The Car Huddle Network shall also be entitled to store, access, process and analyse Personal Information stored on the Service in order to create or extract statistical, analytical and other non-Personal Information and shall be entitled to aggregate, anonymise and otherwise process Personal Information in order to obtain and create databases of non-Personal Information.
Insofar as the Car Huddle Network processes any Personal Information, the Car Huddle Network shall do so only on behalf of the Subscriber and shall:
The Subscriber shall notify the Car Huddle Network immediately of any security breach involving the Service which it becomes aware of including any loss of Personal Information and any incident where Personal Information (relating to the Subscriber) becomes available to unauthorised persons through the Service.
The Car Huddle Network shall be entitled to use non-Personal Information processed on the Service, without limitation, to obtain technical, statistical or other information. Any databases of non-Personal Information which the Car Huddle Network may create out of the information on the Service from time to time shall be part of the Car Huddle Network IP.
The Subscriber may, at any time, add, modify, update or remove his/her personal details from the Service.
User Generated Content
The Subscriber shall not upload to or share via the Service any data or other content (“User Generated Content” or “UGC”) that includes anything that may or may be alleged as being unlawful, defamatory, infringing of third party rights (including any third party IPRs) or in breach of any duty (including confidentiality duties) to third parties, or otherwise giving rise to third party liability, offensive, misleading, obscene, discriminatory, racist or otherwise contrary to generally acceptable ethical or moral standards in the United Kingdom or otherwise objectionable (“Inappropriate Material”).
The Car Huddle Network does not monitor the use of the Service by Subscribers and does not screen User Generated Content and does not take any other steps to ensure that Inappropriate Material is not uploaded to or shared via the Service. The Subscriber shall notify the Car Huddle Network as soon as it becomes aware of any Inappropriate Material that is uploaded to or shared via the Service. The Car Huddle Network reserves the right (but shall not be obliged) to block or delete any content that it reasonably deems to be Inappropriate Material of which it becomes aware without notice to the Subscriber and to block access to the Service to any Subscriber who uses the Service to publish or share Inappropriate Material and to report such activity to the police, regulators or other public authorities if it is suspected of being unlawful.
User Generated Content Licence Terms
The Subscriber grants to the Car Huddle Network a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, fully assignable right to publish, communicate to the public and make available to the public your UGC and to exploit it in any other ways and for any purposes including by authorising any other person to do so (including the right to use and register the UGC) as our own or any other person’s trade mark, trading name, internet domain names and in digital addresses anywhere in the world, unless you already have valid and enforceable prior trade mark rights in, or an established good will associated with, the UGC, which you remain free to assert.
You hereby irrevocably waive, to the fullest extent permitted by law, all rights under Chapter IV of the Copyright, Designs and Patents Act 1988 (“CDPA”) (known as “moral rights”) in relation to your UGC and any similar or equivalent right under the laws of any jurisdiction, including the right to require to be identified as the author of the UGC or the right to object to derogatory treatment of the UGC, or any other morals rights in connection therewith. This waiver is made in favour of the Car Huddle Network and for the benefit of our future successors in title and for the benefit of all persons having (at present or at any time in the future) the right, with our or with our successor’s consent, to use, exploit, modify, further develop, license, sell or otherwise commercialise the UGC.
Removal of User Generated Content
The Subscriber may, at any time, remove from the Service his/her UGC. Upon removal by the Subscriber of any UGC:
The Subscriber warrants and represents to the Car Huddle Network as set out below:
The Car Huddle Network warrants to the Subscriber as set out below:
Limitations On Liability
The Car Huddle Network shall have no liability whatsoever for any damage, liability or loss that the Subscriber may incur, or to any other undesirable consequences, resulting from any suspension or disruption of the Service, including where such suspension or disruption results from the Car Huddle Network negligence.
Termination Of The Service
The Car Huddle Network may terminate the Subscriber’s subscription to the Service without notice, in the event the Subscriber:
The Car Huddle Network may at any time discontinue the Service altogether or modify the Service and such modifications may adversely affect the use of the Service by Subscribers. The Car Huddle Network shall use reasonable endeavours to notify Subscribers of the cessation of the Service or any changes that would impact on the Subscribers’ use of the Service. The Car Huddle Network may give such notices through the Service or on its website or by email communications.
The Subscriber may, at any time, unsubscribe from the Service.Upon the termination of a subscription or termination of the Service:
No omission or delay on the part of either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any right or remedies provided by law.